NIYAZ ETC. Vs. STATE OF HARYANA

JUDGEMENT

(1.) The present appeals are directed against the judgment of conviction dtd. 22/5/2004 and the consequential order of sentence dtd. 25/5/2004 passed by the Court of learned Additional Sessions Judge (Ad hoc), Faridabad, whereby the appellants have been convicted and sentenced, in connection with the alleged murder of one Gian Chand, as under:

(2.) Since all these appeals have arisen out of the same judgment of conviction and order of sentence, they are being taken up together for disposal by way of this common judgment.

(3.) Having heard learned counsels for the parties and upon a comprehensive appraisal of the entire material on record, we are of the considered view that the case set up by the prosecution suffers from serious legal and factual infirmities, which fatally undermine the foundational basis for conviction in a case resting entirely upon circumstantial evidence.